The air board’s shame / Staff never revealed internal scandal before crucial vote

On Dec. 12, 2008, the California Air Resources Board unanimously approved groundbreaking new rules governing diesel emissions. Members rejected complaints from the trucking industry about their heavy cost and from some academics who said CARB grossly exaggerated the health risk posed by the emissions.

Soon afterward, a Union-Tribune editorial writer confirmed allegations that Hien T. Tran – the lead scientist and coordinator of the study used to justify the stringent new diesel regulations – had lied about holding a Ph.D. in statistics from the University of California Davis. Instead, it turned out, Tran had a mail-order Ph.D. sent to him from a “university” based at a mailbox at a UPS office in New York City – and that senior air board officials knew this before the Dec. 12 vote.

Incredibly enough, air board Chairwoman Mary Nichols has pretended this is a minor problem. Instead of suspending the diesel rules until the research they were based on was thoroughly investigated by an independent outside group, board officials never revealed Tran’s deceit to the public. This editorial page and The Bakersfield Californian have provided the only print media coverage since the scandal broke.

Tran wasn’t even fired, just demoted.

This is not how a reputable government agency should behave. This is shameful. And at long last, someone with authority within the air board has finally figured this out.

On Nov. 16, Dr. John G. Telles, a Fresno cardiologist appointed to the air board by Gov. Arnold Schwarzenegger in April 2008, wrote a letter to Ellen Peters, the air board’s chief counsel, in which he said the air board’s staff failed to meet its “ethical if not legal obligation” to provide all board members with pertinent information before a vote on a state regulation.

Telles had never heard about Tran’s deception until a Sept. 24 air board meeting in Diamond Bar, when it was raised during public testimony about the harsh toll the diesel rules threatened to have on businesses whose trucks and off-road vehicles have to be scrapped or retrofitted at great cost. Only after that meeting did CARB officials finally tell all board members the truth about Tran.

Telles says this withholding of key information must be addressed. “Not taking action seems unacceptable in light of what appears to be a violation of procedure with both ethical and perhaps legal implications. How we handle this procedure will reflect on the future credibility of CARB. I believe that CARB needs to seize the initiative and take steps to protect and preserve the integrity of CARB, its board members and the decision-making process.”

We could not agree more. Mary Nichols’ handling of this matter has been indefensible and outrageous.

Will other air board members figure this out, too? Will the governor, whose office was informed about Tran’s deception last December? For that matter, will the California media?